Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 1712
Barcode 740498
CHAMBER ACTION
Senate House
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03/27/2007 03:09 PM .
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11 The Committee on Judiciary (Joyner) recommended the following
12 amendment:
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14 Senate Amendment (with title amendment)
15 On page 3, between lines 3 and 4,
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17 insert:
18 Section 2. Subsection (1) of section 48.021, Florida
19 Statutes, is amended to read:
20 48.021 Process; by whom served.--
21 (1) All process shall be served by the sheriff of the
22 county where the person to be served is found, except initial
23 nonenforceable civil process, criminal witness subpoenas, and
24 criminal summonses may be served by a special process server
25 appointed by the sheriff as provided for in this section or by
26 a certified process server as provided for in ss. 48.25-48.31.
27 Civil witness subpoenas may be served by any person authorized
28 by rules of civil procedure.
29 Section 3. Subsection (2) of section 56.041, Florida
30 Statutes, is amended to read:
31 56.041 Executions; collection and return.--
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 1712
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1 (2) All unsatisfied executions in the hands of the
2 sheriff docketed before October 1, 2001, or 20 years after the
3 date of issuance of final judgment upon which the execution
4 was issued may be returned, to the court issuing the
5 execution, 20 years after the date of issuance of final
6 judgment upon which the execution was issued. Upon such
7 return, the clerk of the court of issuance shall provide a
8 receipt, to the sheriff submitting the return, acknowledging
9 the return of the unsatisfied execution.
10 Section 4. Section 56.21, Florida Statutes, is amended
11 to read:
12 56.21 Execution sales; notice.--Notice of all sales
13 under execution shall be given by advertisement once each week
14 for 4 successive weeks in a newspaper published in the county
15 in which the sale is to take place. The time of such notice
16 may be shortened in the discretion of the court from which the
17 execution issued, upon affidavit that the property to be sold
18 is subject to decay and will not sell for its full value if
19 held until date of sale. On or before the date of the first
20 publication or posting of the notice of sale, a copy of the
21 notice of sale shall be furnished by the sheriff by certified
22 mail to the attorney of record of the judgment debtor, or to
23 the judgment debtor at the judgment debtor's last known
24 address if the judgment debtor does not have an attorney of
25 record. Such copy of the notice of sale shall be mailed even
26 though a default judgment was entered. When levying upon real
27 or personal property, a notice of such levy and execution sale
28 and a copy of the affidavit required by s. 56.27(4) shall be
29 sent by the sheriff to the attorneys of record of all judgment
30 creditors, or to all judgment creditors who do not have an
31 attorney of record, who have acquired a judgment lien as
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 1712
Barcode 740498
1 provided in s. 55.10(1) and (2), s. 55.202, or s. 55.204(3),
2 and whose liens have not lapsed at the time of levy, at the
3 address listed in the judgment lien certificate, or, if
4 amended, in any amendment to the judgment lien certificate,
5 and to all secured creditors who have filed financing
6 statements as provided in part V of chapter 679 in the name of
7 the judgment debtor reflecting a security interest in property
8 of the kind to be sold at the execution sale at the address
9 listed in the financing statement, or, if amended, in any
10 amendment to the financing statement. Such notice shall be
11 made in the same manner as notice is made to any judgment
12 debtor under this section. When levying upon real property,
13 notice of such levy and execution sale and affidavit required
14 by s. 56.27(4) shall be made to the property owner of record
15 in the same manner as notice is made to any judgment debtor
16 pursuant to this section. When selling real or personal
17 property, the sale date shall not be earlier than 30 days
18 after the date of the first advertisement.
19 Section 5. Subsections (1), (2), and (4) of section
20 56.27, Florida Statutes, are amended to read:
21 56.27 Executions; payment of money collected.--
22 (1) All money received under executions shall be paid,
23 in the order prescribed, to the following: the sheriff, for
24 costs; the levying creditor in the amount of $500 as
25 liquidated expenses; and if the levy is upon real property,
26 the first priority lienholder under s. 55.10(1) and (2), s.
27 55.10; and if the levy is upon personal property, the first
28 priority lienholder under s. 55.202, s. 55.204(3), or s.
29 55.208(2), as set forth in an affidavit required by subsection
30 (4), or his or her attorney, in satisfaction of the judgment
31 lien, if provided that the judgment lien has not lapsed at the
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 1712
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1 time of the levy. The receipt of the attorney shall be a
2 release of the officer paying the money to him or her. If When
3 the name of more than one attorney appears in the court file,
4 the money shall be paid to the attorney who originally
5 commenced the action or who made the original defense unless
6 the file shows that another attorney has been substituted.
7 (2) If When property sold under execution brings more
8 than the amount needed to satisfy the provisions of subsection
9 (1), the surplus shall be paid in the order of priority to any
10 judgment lienholders whose judgment liens have not lapsed.
11 Priority of liens on personal property shall be based on the
12 effective date of the judgment lien acquired under s. 55.202,
13 s. 55.204(3), or s. 55.208(2), as set forth in an affidavit
14 required under subsection (4). Priority of liens on real
15 property shall be based on the effective date of the judgment
16 lien acquired under s. 55.10(1) and (2), as set forth in an
17 affidavit required under subsection (4). If there is a surplus
18 after all valid judgment liens and execution liens have been
19 satisfied, the surplus must be paid to the defendant.
20 (4) Before the date of the first publication or
21 posting of the notice of sale provided for under s. 56.21, at
22 the time of the levy request to the sheriff, the levying
23 creditor shall deliver to the sheriff an affidavit setting
24 forth all of the following as to the judgment debtor:
25 (a) For a personal property levy, an attestation by
26 that the levying creditor or the creditor's attorney of record
27 that he or she has reviewed the database or judgment lien
28 records established in accordance with ss. 55.201-55.209 and
29 that the information contained in the affidavit based on that
30 review is true and correct. For real property levy in
31 accordance with s. 55.10(1) and (2), an attestation by the
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Bill No. SB 1712
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1 levying creditor or his or her attorney of record that he or
2 she has reviewed the records of the clerk of court of the
3 county where the property is situated, or that he or she has
4 performed a title search, and that the information contained
5 in the affidavit based on that review or title search is true
6 and correct.;
7 (b) The information required under s. 55.203(1) and
8 (2) for each judgment lien certificate indexed under the name
9 of the judgment debtor as to each judgment creditor; the file
10 number assigned to the record of the original and, if any, the
11 second judgment lien; and the date of filing for each judgment
12 lien certificate under s. 55.202 or s. 55.204(3). For real
13 property, the information contained in the certified copy of
14 recordation of lien pursuant to s. 55.10(1) and (2) for each
15 lien recorded on real property.; and
16 (c) A statement that the levying creditor either does
17 not have any other levy in process or, if another levy is in
18 process, the levying creditor believes in good faith that the
19 total value of the property under execution does not exceed
20 the amount of outstanding judgments.
21 Section 6. Paragraph (a) of subsection (8) of section
22 741.30, Florida Statutes, is amended to read:
23 741.30 Domestic violence; injunction; powers and
24 duties of court and clerk; petition; notice and hearing;
25 temporary injunction; issuance of injunction; statewide
26 verification system; enforcement.--
27 (8)(a)1. The clerk of the court shall furnish a copy
28 of the petition, financial affidavit, Uniform Child Custody
29 Jurisdiction and Enforcement Act affidavit, if any, notice of
30 hearing, and temporary injunction, if any, to the sheriff or a
31 law enforcement agency of the county where the respondent
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 1712
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1 resides or can be found, who shall serve it upon the
2 respondent as soon thereafter as possible on any day of the
3 week and at any time of the day or night. When requested by
4 the sheriff, the clerk of court may transmit a facsimile copy
5 of an injunction that has been certified by the clerk of
6 court, and this facsimile copy may be served in the same
7 manner as a certified copy. Upon receiving a facsimile copy,
8 the sheriff must verify receipt with the sender before
9 attempting to serve it upon the respondent. In addition, if
10 the sheriff is in possession of an injunction for protection
11 that has been certified by the clerk of court, the sheriff may
12 transmit a facsimile copy of that injunction to a law
13 enforcement officer who shall serve it in the same manner as a
14 certified copy. The clerk of the court shall be responsible
15 for furnishing to the sheriff such information on the
16 respondent's physical description and location as is required
17 by the department to comply with the verification procedures
18 set forth in this section. Notwithstanding any other provision
19 of law to the contrary, the chief judge of each circuit, in
20 consultation with the appropriate sheriff, may authorize a law
21 enforcement agency within the jurisdiction to effect service.
22 A law enforcement agency serving injunctions pursuant to this
23 section shall use service and verification procedures
24 consistent with those of the sheriff.
25 2. When an injunction is issued, if the petitioner
26 requests the assistance of a law enforcement agency, the court
27 may order that an officer from the appropriate law enforcement
28 agency accompany the petitioner and assist in placing the
29 petitioner in possession of the dwelling or residence, or
30 otherwise assist in the execution or service of the
31 injunction. A law enforcement officer shall accept a copy of
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 1712
Barcode 740498
1 an injunction for protection against domestic violence,
2 certified by the clerk of the court, from the petitioner and
3 immediately serve it upon a respondent who has been located
4 but not yet served.
5 3. All orders issued, changed, continued, extended, or
6 vacated subsequent to the original service of documents
7 enumerated under subparagraph 1., shall be certified by the
8 clerk of the court and delivered to the parties at the time of
9 the entry of the order. The parties may acknowledge receipt
10 of such order in writing on the face of the original order.
11 In the event a party fails or refuses to acknowledge the
12 receipt of a certified copy of an order, the clerk shall note
13 on the original order that service was effected. If delivery
14 at the hearing is not possible, the clerk shall mail certified
15 copies of the order to the parties at the last known address
16 of each party. Service by mail is complete upon mailing.
17 When an order is served pursuant to this subsection, the clerk
18 shall prepare a written certification to be placed in the
19 court file specifying the time, date, and method of service
20 and shall notify the sheriff.
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22 If the respondent has been served previously with the
23 temporary injunction and has failed to appear at the initial
24 hearing on the temporary injunction, any subsequent petition
25 for injunction seeking an extension of time may be served on
26 the respondent by the clerk of the court by certified mail in
27 lieu of personal service by a law enforcement officer.
28 Section 7. Paragraph (a) of subsection (8) of section
29 784.046, Florida Statutes, is amended to read:
30 784.046 Action by victim of repeat violence, sexual
31 violence, or dating violence for protective injunction; powers
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 1712
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1 and duties of court and clerk of court; filing and form of
2 petition; notice and hearing; temporary injunction; issuance;
3 statewide verification system; enforcement.--
4 (8)(a)1. The clerk of the court shall furnish a copy
5 of the petition, notice of hearing, and temporary injunction,
6 if any, to the sheriff or a law enforcement agency of the
7 county where the respondent resides or can be found, who shall
8 serve it upon the respondent as soon thereafter as possible on
9 any day of the week and at any time of the day or night. When
10 requested by the sheriff, the clerk of court may transmit a
11 facsimile copy of an injunction that has been certified by the
12 clerk of court, and this facsimile copy may be served in the
13 same manner as a certified copy. Upon receiving a facsimile
14 copy, the sheriff must verify receipt with the sender before
15 attempting to serve it upon the respondent. In addition, if
16 the sheriff is in possession of an injunction for protection
17 that has been certified by the clerk of court, the sheriff may
18 transmit a facsimile copy of that injunction to a law
19 enforcement officer who shall serve it in the same manner as a
20 certified copy. The clerk of the court shall be responsible
21 for furnishing to the sheriff such information on the
22 respondent's physical description and location as is required
23 by the department to comply with the verification procedures
24 set forth in this section. Notwithstanding any other provision
25 of law to the contrary, the chief judge of each circuit, in
26 consultation with the appropriate sheriff, may authorize a law
27 enforcement agency within the chief judge's jurisdiction to
28 effect this type of service and to receive a portion of the
29 service fee. No person shall be authorized or permitted to
30 serve or execute an injunction issued under this section
31 unless the person is a law enforcement officer as defined in
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1 chapter 943.
2 2. When an injunction is issued, if the petitioner
3 requests the assistance of a law enforcement agency, the court
4 may order that an officer from the appropriate law enforcement
5 agency accompany the petitioner and assist in the execution or
6 service of the injunction. A law enforcement officer shall
7 accept a copy of an injunction for protection against repeat
8 violence, sexual violence, or dating violence, certified by
9 the clerk of the court, from the petitioner and immediately
10 serve it upon a respondent who has been located but not yet
11 served.
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13 (Redesignate subsequent sections.)
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16 ================ T I T L E A M E N D M E N T ===============
17 And the title is amended as follows:
18 On page 1, line 6, after the semicolon,
19
20 insert:
21 amending s. 48.021, F.S.; providing that
22 criminal witness subpoenas and criminal
23 summonses may be served by a special process
24 server appointed by the local sheriff or by a
25 certified process server; amending s. 56.041,
26 F.S.; providing that all unsatisfied executions
27 in the possession of the sheriff docketed
28 before October 1, 2001, may be returned to the
29 issuing court; amending s. 56.21, F.S.;
30 requiring the submission of an affidavit before
31 levying a judgment upon real property;
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1 requiring the sheriff to furnish to the
2 judgment debtor or the debtor's attorney of
3 record a copy of the notice of sale, notice of
4 levy, and affidavit within a specified period
5 before execution of a sale or levy; amending s.
6 56.27, F.S.; requiring that priority of liens
7 on real property be based on the effective date
8 of the judgment lien; requiring a levying
9 creditor to deliver to the sheriff at the time
10 of the levy request an affidavit setting forth
11 certain information and attestations; amending
12 ss. 741.30 and 784.046, F.S., relating to
13 service of process in cases of domestic
14 violence or sexual abuse; authorizing clerks of
15 court to transmit facsimile copies of
16 previously certified injunctions to sheriffs
17 upon request; requiring sheriffs to verify
18 receipt of facsimile copies of injunctions with
19 clerks of court before attempting service;
20 authorizing law enforcement officers to serve
21 facsimile copies of injunctions in the same
22 manner as certified copies;
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